21709. Misbranding of Nomoppin. U. S. ~v. Fourteen 3-Ounce Bottles and Thirty-seven 1-Ounee Bottles of Nomoppin. Default decree of destruction. (P. & D. no. 31191. Sample no. 39365-A.) Examination of the drug preparation, Nomoppin, disclosed that it contained no ingredient or combination of ingredients capable of producing certain curative and therapeutic effects claimed in the labeling. On September 14, 1933, the United States attorney for the Southern District of Georgia, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of fourteen 3-ounce bottles and thirty-seven 1-ounce bottles of Nomoppin at Savannah, Ga., alleging that the article had been shipped in interstate commerce on or about Septem- ber 4, 1933, by the vanilla Drug Co., from Columbia, S.C., and charging misbranding in violation of the Food and Drugs Act as amended. Analysis of a sample of the article by this Department showed that it con- sisted essentially of arsenic trioxide (2 grams per 100 milliliters), a small proportion of potassium carbonate, and water. It was alleged in the libel that the article was misbranded in that the fol- lowing statements appearing in the labeling, regarding the curative and thera- peutic effects of the article, were false and fraudulent: (Bottle, both sizes) " The internal remedy for chicken sorehead, also preventive * * * 20 drops to each quart of their drinking water, till all signs have disappeared. If improvement be too slow—after 48 hours—increase dose to 30 or 40 or even 50 drops to each quart till improving"; (bottle, three-ounce size) "As pre- ventive "; (white circular accompanying 3-ounce size) " Cures—Prevents Chicken Sorehead * * * Aids Egg production by its tonic effect * * * Consider grain, etc., costs and time lost to restore normal flesh and vigor to flock have sorehead—loss in Eggs and Broilers." On November 8, 1933, no claimant having appeared for the property, judg- ment was entered ordering that the product be destroyed by the United States marshal. M. L. WILSON, Acting Secretary of Agriculture.